'There are no winners in a case like this': Lawyer breaks down not guilty verdict in murder trial

From left to right, Sarah Kerkvleit, paralegal, public defender Beau Blouin, Alex Wittenberg, and public defender Traci Smith stand outside of the Minnehaha County jail on Jan. 30, 2018, when Wittenberg was released after being found not guilty of murder and manslaughter charges claiming self-defense in a November 2016. Blouin and Smith represented Wittenberg in a jury trial that week.(Photo: Submitted)

Blouin and co-defender Traci Smith represented Alex Wittenberg, 24, during the trial, which ran Jan. 22-30. Wittenberg was acquitted of the second-degree murder and first- and second-degree manslaughter charges he faced.

He was charged in November 2016 after shooting 39-year-old Jonathan Puttmann during a fight in Dell Rapids.

Wittenberg had gone with his then-girlfriend, Puttmann's soon-to-be ex-wife, on a routine child custody exchange.

Wittenberg was in an Impala parked across the street from Puttmann's house with the two children and his girlfriend when Puttmann pulled his vehicle behind the Impala. Puttmann let the kids out to go into the house and then punched Wittenberg at least once while Wittenberg was still in the car.

Attorneys debated as to how many times Wittenberg was punched and differed on how far apart the two were when Wittenberg fired the shot. A forensic firearm expert during trial said he estimated the gun was fired no more than two feet away from Puttmann.

The bullet hit just behind his left ear, with a path indicating Puttmann was facing Wittenberg when the shot was fired, county coroner Dr. Kenneth Snell testified.

Blouin, a senior trial attorney for the Minnehaha County Public Defender's office, shared a bit of insight via email into the preparation and aftermath of the high-stakes trial.

What do you think was the turning point of the case?

That is a really difficult question to answer. I don’t believe there was ever a particular moment during trial that any of us unequivocally identified as a turning point. We were very pleased with the group of jurors that were selected. They all appeared to be very conscientious and open-minded, and many of them were taking notes as the testimony and evidence came in throughout the trial. They stayed engaged to the very end. As we waited for the verdict, we were all cautiously optimistic that the jury would find Alex not guilty.

Was there a particular witness or piece of evidence you think shifted the case in your client’s favor?

The evidence was clear that there was a threatening text sent by the deceased toward Alex a few hours before the incident, and the evidence was clear that the deceased was the initial aggressor. Alex was attacked at nighttime while seated in the driver’s seat of a parked vehicle. The parties disputed what happened from the time Alex was attacked inside the vehicle to the moment the gun was fired. But the threatening text and the unprovoked assault were significant factors in this case.

In your experience, how often has someone who says they acted in self-defense won the case?

It does happen. I don’t know that I can give you an accurate answer as to how often it happens. I know there have been at least a couple of other homicide cases in the last 10 years in Minnehaha County in which self-defense was successfully raised at trial. As to other assault type cases, self-defense claims are not uncommon.

Public defender Beau Blouin, left, eats at Fryn' Pan with his client, Alex Wittenberg, after Wittenberg was found not guilty of murder and manslaughter charges in a jury trial that ended Jan. 30, 2018. Wittenberg claimed self-defense after shooting Jonathan Puttmann in Dell Rapids in November 2016.(Photo: Submitted)

What went through your mind when the verdict was read? How were you feeling before then?

We were just hoping for the right outcome, hoping that justice would be served. The moments before the jurors entered the room with the verdict form holding Alex’s fate were very tense. There was a great sense of relief for Alex when the verdicts were read. But it was also not a time for celebration. This was an absolute tragedy. A man lost his life and two children lost their father. Alex’s life will never be the same after this experience. There are no winners in a case like this.

What was your client’s reaction? What were the few moments after the trial like?

Alex was understandably emotional. Relieved. Thankful for his freedom after being incarcerated for almost 15 months while his case was pending. I don’t think any of us on the defense team had a dry eye after the verdict was read. It was just pure relief for Alex, whose actions we always believed were justified under the law. We were thankful for the jury’s decision.

What was your preparation like? How many weeks/months did you need to prepare?

Combined, Traci Smith, co-counsel, Sarah Kerkvleit, paralegal, and I spent several hundred hours on Alex’s case over the course of 15 months. A lot of preparation goes into cases of this magnitude from start to finish. There was a lot of discovery to review, including lengthy witness interviews, investigation, evidentiary motions hearings, experts, firearms testing, trial preparation, etc.

How much sleep did you get throughout this trial?

Public defenders, I think in general, probably don’t get as much sleep as they should. Due to an extremely heavy caseload for each of our attorneys, the work is incessant and the stress level often runs high. Lengthy and time-intensive trials like this one only exacerbate these issues. But we are in a position as the last line of defense and many times the only voices for our clients. It is our job to protect their rights and ensure that they receive a fair trial. So we do what we need to do to make sure our clients receive effective representation.

Attorneys representing the state in the trial, Tara Palmiotto and Lori Ehlers, issued the following statement:

It’s always disappointing when you put in a lot of hours and come up short in obtaining justice. All homicides are tragic and it’s difficult to watch a defendant walk freely out of the courtroom, knowing that he was responsible for taking another human life.

Unfortunately, when we have a deceased victim, we often only hear one side of the story and one witness was not unbiased. Although a grand jury found probable cause for charging the defendant with murder and manslaughter, we knew that it would be difficult to win this case at trial.

We felt that this homicide was against the peace and dignity of the state of South Dakota, but the jury didn’t agree. Having deliberated for nearly 10 hours, we do appreciate the thoughtful consideration the jury put into this case.

Our hearts go out to the friends, family, and children of Mr. Puttmann. We put our hearts and souls into trying this case and take solace in knowing that we did everything we could to hold the defendant accountable for his actions.